The Battle of the Forms—There Is a Purpose

This article provides an alternative approach to the daunting task of teaching business undergraduates a fundamental appreciation of the flexibility of the Uniform Commercial Code (UCC) and the ability of the UCC to adapt to the needs of commerce by facilitating fair, efficient transactions. Paradoxically, we suggest using one of the most difficult sections of the UCC, Section 2-207, the often discussed "Battle of the Forms," to make UCC concepts and the relationships of those concepts to modern business transactions easier to understand. This alternative approach is also designed to help students appreciate the challenges of establishing rules to assure fair and efficient transactions and how changes in the way transactions occur impact the laws and how the laws impact the changes. This article also presents exercises, questions, and illustrative flowcharts used successfully over several years in undergraduate business law classes. These tools produce an integrated method for presenting UCC Section 2-207. While no sane individual has ever professed a love for UCC study, students and faculty have expressed tolerance and a palpable appreciation for these methods.     

The role of intestinal bacterial heat production in confounding postmortem temperature measurements

To assess the influence of anaerobic bacterial heat production in human stools as a confounding factor in postmortem rectal temperature measurements, in vitro experiments were carried out with human stools incubated at 37 degrees C for 6 h and at decreasing temperatures simulating a postmortem body cooling. Although a statistical significant heat production was observed, it was not relevant enough to explain a postmortem temperature plateau or a substantial rise in the postmortem body temperature. The experiments suggest that stools merely reflect the environmental thermal changes rather than producing bias and confounding by a bacterial heat production.     

PPOs: the employer perspective

This paper reports the results of a national survey on employer experiences with preferred provider organizations (PPOs). The survey, conducted in 1987, included information from almost 700 telephone interviews with employee benefit managers. We found that 11 percent of employees are in PPOs. PPOs now have a strong presence among employers of all sizes. However, whereas they are a major force in the West, where almost one-third of employees are members, they have garnered only a 1 percent market share in the East. We examine the impact of PPOs on health insurance premiums and on employer satisfaction. The results show that in 1987, the year of the survey, PPOs appeared to provide mild cost savings compared to conventional insurance, and that employers were very satisfied with almost all aspects of PPOs, whereas they were surprisingly critical of their HMOs.     

Are hypnotically induced pseudomemories resistant to cross-examination?

Two experiments examined the effects of hypnotic procedures in response to interrogation and crossexamination in subjects who viewed a simulated robbery. Experiment 1 found that hypnotic and nonhypnotic leading interrogations were equally likely to produce misattributions and misidentification of mug shots. Moreover, under cross-examination subjects who had been given an hypnotic interrogation and those given nonhypnotic interrogations were equally likely to disavow their earlier misattributions and misidentifications. In both hypnotic and nonhypnotic treatments high hypnotizables were more likely than low hypnotizables to misattribute characteristics during interrogation and to disavow earlier misattributions during cross-examination. In Experiment 2 high hypnotizables given a cross-examination that legitimated their earlier errors as honest mistakes and that enabled them to disavow earlier testimony without discrediting themselves (hidden observer treatment) showed the highest and most consistent rates of disavowel. A stringent cross-examination that implied that subjects had been careless or dishonest during interrogation produced the lowest rates of disavowel.     

Book reviews

Ernest Gellner, Conditions of Liberty: Civil Society and its Rivals, (Hamish Hamilton, London 1994). 225pp. ISBN 0–241–00220–6 (hb).

James Petras and Morris Morley, Empire or Republic? American Global Power and Domestic Decay, (Routledge, London 1995). 172pp. ISBN 0–415–91064–1.

Keith Cowling and Roger Sugden, Beyond Capitalism: Towards a New World Order, (Pinter, London 1994), 195pp. ISBN 1 85567 301 0.

John Lewis Gaddis, The United States and the End of the Cold War. Implications, Reconsiderations, Provocations, (OUP, Oxford 1994). x. + 301 pp. ISBN 0–19–508551–5.

Alan Haworth, Anti‐Libertarianism: Markets, Philosophy and Myth, (Routledge, London 1994). 154pp. ISBN 0–415–08254–4.

Honi Fern Haber, Beyond Postmodern Politics. Selves, Community and the Politics of Difference, (Routledge, London 1995). 160pp. ISBN 0–415–90822–1.

Stjepan G. Mestrovic The Balkanization of the West: The Confluence of Postmodernism and Postcommunism (Routledge, London 1994). 226pp. ISBN 0–415–08755–4 (pbk).     

Technology transfer legislation: An overview

This article provides an overview of the Federal legislation on technology transfer beginning with the Bayh-Dole and Stevenson-Wydler acts of 1980 and ending with the 1987 Executive Order, “Facilitating Access to Science and Technology.” The legislation and Executive Order provide the context for Federal laboratory technology transfer activities. The article covers the historic development of transfer legislation, the authorities given to laboratories, incentives for technology transfer provided by legislation, and the mandated duties and responsibilities of ORTAs, organizations, and agencies.